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HomeMy WebLinkAbout91-11Exhibit A RESOLUTION NO. 91-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING A FINAL DEVELOPMENT PLAN' REQUEST (DP 91-7 - TASSAJARA VILLAGE) FOR A 35,682 SQUARE FOOT NEIGHBORHOOD RETAIL CENTER ON A 4.79+/- ACRE SITE LOCATED ON THE SOUTH SIDE OF CAMINO TASSAJARA, APPROXIMATELY 300 FEET WEST OF THE INTERSECTION OF CROW CANYON ROAD AND CAMINO TASSAJARA WHEREAS, Bayside Properties, representing Diablo Ventures West, has requested approval of a Final Development Plan for a 35,682 square foot neighborhood retail center on a 4.79 acre site; and WHEREAS, the subject site is located on the south side of Camino Tassajara, west of Crow Canyon Road and is known as Parcel C of MS 856-88, further identified as Assessor's Parcel Number 206-010-031; and WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance requires approval of a Final Development Plan prior to development of the site; and' WHEREAS, the Planning Commission did review the project at a noticed public hearing on March 26, 1991; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that Planning Commission approve the request; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; and WHEREAS, the Planning Commission directed staff by minute order to pass on their recommendation to consider waiving the Child Care Facilties fee since this project has dedicated an access easement through the site to the Signature childcare parcel to the west of the subject site; and PAGE I OF RESOLUTION NO. 91-11 WHEREAS, a Negative Declaration of Environmental Significance was prepared for this project indicating that no potential significant impacts have been identified to be associated with the development of this project; the potential impacts associated with the development of this property for commercial uses were addressed in the Final Environmental Impact Report (FEIR) prepared and certified for the Dougherty Road General Plan Amendment Study. NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the Town of Danville accepts the previously certified FEIR (prepared for the Dougherty Road Area General Plan Amendment Study Area) as adequate to address potential impacts related to this project, approves the project specific Negative Declaration of Environmental Significance and further approves the Final Development Plan request (DP 91-7 - Tassajara Village) per the conditions contained herein, and makes the following findings in support of this action: The proposed project is consistent with the Danville 2005 General Plan and the Preliminary Development Plan covering the site (approved by the Town Council on November 6, 1986 through adoption of Ordinance 99). o The proposed development will constitute a commercial environment of sustained desirability and stability, and will be in harmony with the character of the existing commercial development in the area, the surrounding neighborhood, and the community. The proposed development will mitigate off site traffic and drainage impacts through the assurance of off-site improvements in a manner acceptable to the Town. The previously certified FEIR prepared for the Dougherty Road Area General Plan Amendment Study fully discussed potential impacts associated with development of the Tassajara Ranch, satisfying the requirements of the California Environmental Quality Act, based on the following specific findings. a0 Contra Costa County adopted findings regarding the Environmental Impact Report through adoption of the Board of Supervisors Resolution 85/133 and Planning Commission Resolution 47-1984 (SR), (which jointly served to establish mitigation measures for impacts associated with the development of the Project), and b. Pursuant to those mitigation measures, additional studies related to PAGE 2 OF RESOLUTION NO. 91-11 soils and geology, and traffic have been completed identifying specific mitigation measures which will be incorporated into the project, and Co Use of the prior EIR as a "Program EIR" is appropriate based on the following: (1) feasible mitigation measures and alternatives developed in the EIR for the Dougherty Road Area General Plan Amendment Study have been incorporated; (2) subsequent changes in the project, including a reduction of residential dwelling units, to allow retention of a greater section of Tassajara Creek as an open channel, have been made to lessen project related impacts, (3) there has not been substantial changes with respect to the circumstances under which the project was initially reviewed which would require important revisions of the prior EIR; and (4) no new information of substantial importance to the project has become available which Would require an additional or supplemental EIR. CONDITIONS OF APPROVAL (Note: * Indicates standard project Conditions of Approval) Unless otherwise specified, the following Conditions shall be complied with prior to issuance of a building permit for the project. Each item is subject to review and approval by the planning Department unless otherwise specified. A. GENERAL This approval is for a 35,682 square foot neighborhood retail center identified as "Tassajara Village". Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a0 Revised project drawings dated March 11, 1991, prepared for Tassajara Village Partners consisting of eight sheets, including the Preliminary Landscape Plans prepared by David L. Gates & Associates. PAGE 3 OF RESOLUTION NO. 91-1! o Offsite Grading and Utility Plan dated February 15, 1991, prepared by David B. Hop Civil Engineer and dated received by the Planning Depacu~ient on March 18, 1991. Co Tassajara Village "Tenant Signage Program", dated January 17, 1991, consisting of six sheets. The developer shall pay any and all Town and other related fees that the property may be subject to. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured. Notice should be taken specifically of the drainage acreage fees as established by the Contra Costa County Flood Control District and the Child Care Fee. This development is not subject to the Transportation Improvement Fee (TIP Fee) because of the inclusion within the Tassajara Area Benefit District. Prior to the issuance of grading or building permits, the developer shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District and the San Ramon Valley Unified School District have been or will be, met to the satisfaction of these respective agencies. The Fire District's initial comments on this project are summarized in part within their letter of March 4, 1991 included as Exhibit G in the Planning Commission Staff Report dated March 26, 1991. If archeological materials are uncovered during any construction or pre-construction activities on the site, all earthwork within 100 feet of these materials shall be stopped, the Town Planning Depa~:iment notified, and a professional archeologist, certified by the Society of California Archeology and/or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline apprOpriate mitigation measures, if they are deemed necessary. All construction and grading operations, including delivery of materials and warming up of machinery, shall be limited to weekdays (Mondays through Fridays) during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the City Engineer. If determined necessary by the City Engineer, the project developer shall provide security fencing around the entire site during construction of the project. Any building construction activity, delivery of construction supplies, or use of pneumatic tools, shall be limited to weekdays (Mondays through Fridays) during the hours from PAGE 4 OF RESOLUTION NO. 91-11 Bo 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the Chief Building Official. All physical improvements shall be in place prior to occupancy of any structure in the project. If occupancy within the project is requested to occur in phases, all physical improvements shall be required to be in place prior to occupancy except for items specifically excluded in a Construction- Phases Occupancy Plan approved by the Planning Department. No structure shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction activity. Except as provided for within these conditions of approval, land use regulations pertaining to this property shall be as provided under PUD 86-3 and as established by the R-B; Retail Business District of the Zoning Ordinance. Modifications or additions to the signage established for this center shall be subject both to these conditions of approval and the sign regulations in place in the zoning ordinance at the time the modification or addition is submitted for review. This approval does not grant any entitlements at this time for the architectural design or use of the 3,600 +/- square foot building plotted at the northeast corner of the site and depicted on the prOject drawings cited in Condition A.l.a. as "Not a Pare'. The depicted use on this portion of the site is for a "fast food" outlet with drive-through service. If an "operational solution" to the identified potential stacking and circulation problems associated with this type of use is not established to the satisfaction of the of the Planning Commission, a "site plan solution" would be imposed requiring modification to the parking and circulation plan proposed for this project (See Exhibit K in the Planning Commission Staff Report for this item, dated March 26, 1991). Any change to the circulation plan of this center, will require review and approval by the Planning Commission. SITE PLANNING Exterior lighting shall be of a design and placement so as not to cause glare onto adjoining properties or public streets. Lighting used after daylight hours shall be adequate to provide for security needs. Wall lighting around the entire perimeter of the buildings in this project shall be supplied to provide "wash" security lighting. Lighting fixtures within the parking area PAGE 5 OF RESOLUTION NO. 91-11 o shall not exceed twenty feet in height. The Hghting Plan for the center shall be subject to review and approval by the Design Review Board prior to the issuance of a building permit. Hghting of roof elements in this project is specifically prohibited. The location and screening of any pad mounted transformers shall be subject to approval by the Planning Division prior to the issuance of a building permit. The developer shall submit written documentation from PG&E that the general location, design and landscape screening and access provided to the transformers' is acceptable to that agency. Generally speaking, such transformers shall not be located between any street and the front of a building. Shopping cart storage has not been addressed with this submittal and if it is the applicant's intent to provide cart storage, the specific areas of storage and the details of the program for collection of the carts shall be subject to review and approval of the Chief of Planning. Location for cart storage shall be submitted for review and approval prior to issuance of a building permit. All carts shall be collected at regular intervals throughout the business day to avoid accumulation within parking areas. Cart storage within the parking areas after close of business of the respective businesses utilizing cart storage shall not be permitted, but rather shall occur along the front elevations of the affected tenants or inside said buildings. Outdoor food and beverage vending machines along the storefronts are prohibited. Truck deliveries to the site shall be scheduled from 7:00 to 3:00 p.m. on Monday through Friday to the greatest extent possible. Trash and refuse containers shall be limited to the number and general locations shown on the site plans cited in Condition #A. 1. a. above. The design of the enclosures shall reflect the dimensional criteria deemed acceptable by the affected disposal collection agency, and shall incorporate the use of concrete aprons to facilitate mechanical pick-up service. The property owner shall covenant through a recordable document satisfactory to the Town of Danville, to be responsible for facilitating the ongoing proper access to the trash containers by the local refuse collection company. This may include having the owner, or owner's contractors, consolidate refuse containers in locations where refuse collection will be possible. In the event that problems arise that can only be remedied by changes in improvements, then these changes will be made at the owner's expense. PAGE 6 OF RESOLUTION NO. 91-11 0 0 10. Outdoor storage of supplies, palettes, refuse (outside of approved refuse container locations) and other materials is specifically prohibited. A litter collection and sweeping program shall be established and shall be continuously maintained to prevent accumulation of litter on and off site. The site, including the various buildings, parking areas and landscaping areas, shall be maintained in proper condition at all times and shall be free of litter and graffiti. This shall be assured through execution of a maintenance agreement for this purpose, acceptable to the Town. This agreement shall permit the Town to have necessary site maintenance undertaken at the expense of the property owner of record if necessary. Sweeping and cleaning of parking areas shall be limited to 7:00 a.m. to noon, Monday through Friday. Areas proposed for development as outside restaurant seating shall be subject to review and approval by the Planning Division through an Administrative Land Use Permit prior to their establishment.' The review shall include, but shall not be limited to, consideration of seating count, layout, parking impacts, and relationship to surrounding pedestrian areas and store fronts. The developer, or his appointed representative, shall work closely with the Planning Division to provide all information required to allow the monitoring of each tenant occupancy in the center as regards tenant space location, gross lease space and tenant use. This information shall be supplied to allow the center's numerical parking requirements to be calculated on an ongoing basis. Tenant mix in the center shall be regulated as necessary to assure conformance with the City's numerical parking requirements (See Condition F.8). Co LANDSCAPING Final Landscape and Irrigation Plans (with planting shown at 1"= 20' scale), shall be completed by a licensed Landscape Architect and qualified Landscape Irrigation specialist, and shall be submitted for review and approval by the Planning Division. The plan shall include common names of all plant materials and shall indicate the size that various plant materials PAGE 7 OF RESOLUTION NO. 91-11 o o o will achieve within a five year period of time. All landscaping and irrigation shall be inspected by the designer and certified complete by written documentation to the Planning Division prior to occupancy of the structure. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. All trees shall be a minimum of 15 gallon container size and properly staked. Shrubs not used as ground cover shall be a minimum of 5 gallons is size. A minimum of 50% of the trees planted along the Camino Tassajara frontage, along the frontage adjacent to "A" Court (project entries), and pedestrian amenity areas shall be 24-inch box specimen sized trees. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. This development shall be responsible for the design and installation of the frontage landscaping including landscape berms, decorative walls and or trellis treatments to minimize the view of the future proposed "drive- through" area at the northeast corner of this parcel as seen from the street. The landscaping may be subject to re-review at the time an application is considered for development on the proposed pad. The Final Landscape Plan shall include three sections along this portion of the frontage. This element of the Final Landscape Plan shall be subject to review and approval by the Design Review Board. All trellises shall be substantially constructed using minimum 6" by 6" posts and beams. The detailed design of these structures shall be subject to review and approval by the Design Review Board prior to construction. Where trellis support posts may come in contact with shopping carts, additional protection shall be provided around the base of posts. Working drawings of these, trellis structures shall be resubmitted to the Design Review Board for review and approval. A landscaped setback of 30 feet shall be provided along the project's Crow Canyon Road and Camino Tassajara frontages. This landscaped area may be reduced in width to 20' where parking areas abut the roadways. In these areas of reduced landscape setback, a retaining wall shall be provided to allow berming of landscaping to. minimize the view of parking areas as seen from the street. The location, length, design, height and materials of the PAGE 8 OF RESOLUTION NO. 91-11 retaining walls shall be subject to review and approval as part of the Project Landscape and Irrigation Plan submittal. Landscaping of the project's Crow Canyon Road and Camino Tassajara frontages shall be consistent with the landscaping along Camino Tassajara within the Sycamore Valley Specific Plan Area. o 10. 11. 12. 13. A 30 foot landscape easement exists along the property's Camino Tassajara frontage. This development and future owner's of this parcel shall be subject to maintenance of the landscaping and any improvements in this area. Prior to issuance of a building permit, the owner shall record a deed restriction binding this condition. The restriction shall be subject to review and approval by the City Attorney prior to recordation. This development shall be responsible for the installation and maintenance of the frontage landscaping (at a minimum depth of 20 feet) along the adjacent parcel to the east (APN: 206-010-032) if that parcel is not developed within 'one year of the initial building occupancy on the subject site. The developer shall document that rights have been secured from Signature Properties for offsite landscaping and maintenance as depicted on the project plans cited in Condition A.l.a. (over APN: 206-010-042). Prior to issuance of a building permit on the subject parcel, the developer shall submit a maintenance agreement for review and approval by the Chief of Planning and the City Attorney. The maintenance agreement shall be recorded prior to issuance of building permits. The Final Landscape Plan shall be revised to include a larger area containing more intensive landscaping on the adjacent parcel to the west (APN: 206-010-042) to visually mitigate the service exit from street view. The property line tree planting shall also be increased in depth along the rear of the center. The Final Landscape Plan shall provide details of the trellis proposed at the rear of the building. Trailing vines shall be provided and maintained in good health in all areas where trellises are proposed. Plant selection shall emphasize drought tolerant native species. Use of turf shall be minimized and shall reflect the planting ratio limits developed by EMBUD (a maximum of 25% of the landscape area shall be installed with PAGE 9 OF RESOLUTION NO. 91-11 turf). Turf is expressly prohibited adjacent to the perimeter street frontages. The Final Landscape Plan shall be subject to review by the Town's Parks Maintenance Supervisor and shall reflect the Town of Danville's Water Conservation Guidelines in place as the time of approval of the plans. ARCHITECTURE o o All ducts, meters, air conditioning, fire sprinkler apparatus and/or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structure(s). The highest point of any roof mounted equipment shall not extend above the top of the equipment well. Any deviations or additions to the approved architectural plans cited in Condition #A. 1. a. & b. above may, at the discretion of the Chief of Planning, be referred back to the Design Review Board for consideration and approval. The design of the "Pad" structure depicted as "Not a Parr' shall be consistent with the design theme developed for the rest of the center and shall be subject to Design Review Board approval. All trash and refuse shall be contained within enclosures architecturally compatible with the main structure(s). Enclosure design shall include six (6) foot high masonry walls on three sides with steel framed gates and wood bolted to the gates. Gates will be self-closing and self-latching. The street number(s) of the building(s) shall be posted so as to be easily seen from the street at all times, day and night. A conceptual design for entry monument signage at the northeast corner of the site has been included in the March 26, 1991 Staff Report as Exhibit E and is approved in concept only. This sign is not approved as part of this application and shall be subject to review and approval by the Design Review Board. Samples of final colors and materials are on file with the Planning Department. The final color selection shall be determined by a field test during the construction phase and shall be subject to review and approval by the Design Review Board. The brick material utilized on the store fronts shall also be reviewed and approved by the Design Review Board prior to issuance of a building permit. Any modification or change in the approved PAGE 10 OF RESOLUTION NO. 91-11 colors or materials will require review and approval by the Planning Division. The exterior material shall be horizontal wood siding (the use of pressboard or "Masonite" type products are expressly prohibited for exterior surface areas). Prior to building permit issuance, the proposed brick to be utilized in the building elevations, shall be reviewed and approved by the Design Review Board. SIGNAGE The center signage, with the exception of the entry signage has been approved as a part of this entitlement as depicted on the "Tenant Signage Program" project plans referenced in Condition A.l.c. with the following modifications: no All wall signage must maintain a minimum of thirty inches from the projected edge of the tenant lease lines. b. Signs shall be centered on tenant spaces. 0 The Tenant Sign Program contains the specific allowable sign type for each tenant space. The program incorporates provisions for alternate signage depending on a variety of tenant divisions. The program outlines the type, size and color of each sign. Any change from this program shall require Planning Commission approval. Each sign shall be reviewed and approved by the Planning Division prior to installation and may be referred to the Design Review Board, if determined necessary by the Chief of Planning. The major tenant in '"variable Shop/Alternate B" of the project plans is limited to an internal illuminated sign utilizing a maximum of 24-inch block letters. The Type B - Halo Sign assigned to the 20' wide tenant space located at the northern end of the center is limited to script lettering. The lettering shall not exceed 24" in height. 6. The entry monument signage shall be subject to Design Review Board PAGE 11 OF RESOLUTION NO. 91-11 approval prior to issuance of a building permit for the sign. PARKING 1. All parking spaces shall be striped and provided with wheel stops unless they are fronted by concrete curbs, in which case sufficient areas shall be provided beyond the ends of all parking spaces to accommodate the overhang of automobiles. 2. Compact car spaces shall be clearly designated with appropriate pavement marking or signage. 3. All landscape islands and tree wells shall be bordered by 4 inch raised concrete curb. 4. Minimum parking dimensions shall be as follows: a. Standard spaces shall be a minimum of 9 feet by 19 feet with up to a 2 foot parking overhang permitted; b. Compact spaces shall be a minimum of 8 feet by 16 feet with up to a 1.5 foot overhang permitted; c. The main entry aisle and the parking aisle adjacent to the building shall be a minimum width of 30 feet; d. All other aisle widths for parking shall be a minimum width of 24' for two-way drive-aisles. e. A maximum of 30% of the project parking spaces may be' sized for compact cars. 5. The parking areas located to the rear of the buildings shall be designated and signed for use as an "employee only" parking area. 6. The parking and driveway surfacing shall be asphalt concrete paving. 7. The concrete bases of light standards at the center parking areas shall be architecturally finished (exposed aggregate or approved alternate finish). PAGE 12 OF RESOLUTION NO. 91-11 The center shall contain 171 parking spaces as depicted on the project drawings cited in Condition A.l.a. Based on a numerical calculation of one space per 250 square feet of gross floor area, this site exceeds the minimum allowable by 28 spaces. This entitlement further grants a numerical parking variance up to 10 percent or 17 spaces to allow additional restaurant capacity. This parking variance cannot be exercised until Final Development Plan approval is secured for the free-standing pad (See Condition A.8.) located at the northeast corner of the site. Development of this site may impact the circulation plan approved under this entitlement and precipitate the need to implement an alternative plan affecting the loss of eight to ten parking stalls. GRADING Any grading on adjacent properties will require written approval of those property owners affected. This entitlement proposes off, site grading on APN: 206-010-042, the parcel to the west. The developer shall document that rights to enter have been secured from the property owner, prior to issuance of a grading permit. Development shall be completed in compliance with the detailed soils report prepared by Hollenbeck and Associates, dated February 10, 1989 and the construction grading plans prepared for this project. The soils report shall contain specific recommendations for foundation design of the structures in this center. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. Areas undergoing grading, and all other construction activities shall be watered, or treated with other dust control measures to prevent dust. These measures shall be approved by the Chief Building Official and employed at all times as conditions warrant. Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil report, a revised soils report shall be submitted for review and approval by the Town Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. PAGE 13 OF RESOLUTION NO. 91-11 o The Preliminary Grading Plan referenced in Condition A.l.b. shall be revised to reflect further soften the contours and flatten the slope on the adjacent parcel APN: 206-010-042. The slope shall maintain a 3:1 contour to the 645 elevation and shall flatten out to a slope less steep than 3:1. el out to a slope greater than 3:1. The Final Grading plans shall be subject to review and approval by the Planning Division prior to issuance of a permit. Grading and land preparation shall be restricted to the period of April 15 to October 15 to minimize erosion and deposition of sediments. All exposed erosive sloped resulting from grading activities shall be hydromulched or otherwise stabilized by project developers each year by October 15. Exceptions may be granted by the City Engineer. The soils engineer shall sign the Final Grading Plans. Ho STREETS The developer shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement. Street signing shall be installed by the developer as may be required by the City Engineer. Traffic signs and parking restriction signs shall which may be required to be installed shall be subject to review and approval by the Police Department. The developer shall keep adjoining public streets free and clean of project dirt, mud, materials and debris during the construction period, as is found necessary by the City Engineer. Handicapped ramps shall be provided and located as required by the City Engineer. o This development shall be provided with a safe and effective circulation system for bicycles and pedestrians. These facilities shall be designed and installed to the satisfaction of the City Engineer and shall be separated from vehicular traffic wherever possible. 6. Any damage to street improvements now existing or done during PAGE 14 OF RESOLUTION NO. 91-11 construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer at full expense to the developer. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and shall comply with the standards established in Title 9 of the City Code. At the time Project Improvement Plans are submitted, the developer shall supply to the City Engineer an up-to-date Title Report for the subject property. o This development shall be responsible for installation of a 6' wide meandering sidewalk along the Camino Tassajara property frontage. The sidewalk plans shall be incorporated into the landscaping and site plans for this development. The sidewalk shall be installed prior to building occupancy. The developer's engineer shall demonstrate adequate stopping sight distance exists at the "service vehicle exit" only onto Camino Tassajara. 10. The developer of this project has participated in the Crow Canyon Road Extension Fee Benefit Area in accordance with the Town's Joint Exercise of Powers Agreement dated March 16, 1989 and has paid a fee based on an estimated a building area of 35,937 gross square feet. A credit of 255 square feet will be applied to the development of the free standing pad at the northeast corner of the subject site. 11. Abutter's rights have been relinquished on this site with the exception of the indicated access point. The applicant shall request an easement from the Town of Danville to permit service vehicle egress onto Camino Tassajara from the Service Vehicle Exit at the western property boundary. INFRASTRUCTURE Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. o Sewer disposal service shall be provided by the Central Contra Costa Sanitary District in accordance with the requirements of the District. PAGE 15 OF RESOLUTION NO. 91-11 o o o o 10. 11. 12. 13. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer of the Contra Costa County Flood Control District. All storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. Off-site drainage flows shall be intercepted at the project boundary via an approved storm drain facility, or as approved by the City. Roof drains shall empty onto paved areas, concrete swales, other approved dissipating devices, or into a pipe. Concentrated drainage flows shall not be permitted to cross sidewalks or driveways. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. If a storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at lease double the depth of the storm drain. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District. The developer shall furnish proof to 'the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements. Electrical, gas, telephone, and Cable TV services, shall be provided underground in accordance with the City policies and existing ordinances. Ail utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets. Ail utilities required to serve the development shall be installed underground. Ail public improvement plans shall be prepared by a licensed civil engineer. PAGE 16 OF RESOLUTION NO. 91-11 MISCELLANEOUS The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff. Any other change will require Planning Commission approval through the Development Plan review process. Conditions of this approval may require the developer to install public improvements on land neither the developer, not the Town, has easement rights to allow the improvements to be installed. The developer shall be responsible for acquisition of the necessary easements either through private negotiations or by entering into an agreement with the town and assume all responsibilities for acquisition pursuant to the Town's authority for condemnation. Such acquisitions shall be commenced prior to the developer's submittal of any final map. All costs associated with such acquisition shall be borne by the developer. Unless specifically modified by these conditions of approval, the subject project shall remain subject to the conditions established for PUD 86-3 and SD 6878 (City Council Resolution 9-87) and MS 856-88. APPROVED by the Danville Planning Commission at a Regular Meeting on March 26, 1991 by the following vote: AYES: NOES: ABSTAINED: Wright ABSENT: Murphy Arnerich, Hughes, Hunt, Osborn, Vilhauer Chief of Pla/~ Chairman ~y A~orney ppmm69 PAGE 17 OF RESOLUTION NO. 91-11